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Home› Civil Procedure & Administrative Law› SGB X (English)

Part 2 · Protection of Social Data  ›  Chapter 2 · Processing of Social Data › Section 74a

Transmission to enforce public-law claims and in the enforcement procedure

(1) To enforce public-law claims, the surname, first name, date of birth, place of birth, current address of the person concerned, his or her current or future whereabouts, and the surname, first name or firm and addresses of his or her current employers may be transmitted in the individual case on request, insofar as there is no reason to assume that this would impair interests of the person concerned worthy of protection, and where the request is not more than six months old. The requested body is, beyond section 4(3), also not obliged to transmit where the requesting body can procure the particulars in another way. The second sentence does not apply where the request for administrative assistance is required to carry out an enforcement under section 66.
(2) To carry out an enforcement proceeding, the providers of statutory pension insurance may, on request of the bailiff in the individual case, transmit the current address of the person concerned, his or her current or future whereabouts, and the surname, first name or firm and addresses of his or her current employers, insofar as there is no reason to assume that this would impair interests of the person concerned worthy of protection, and the request is not more than six months old. The providers of statutory pension insurance are, beyond section 4(3), also not obliged to transmit where the requesting body can procure the particulars in another way. Transmission is permissible only where 1. the summons to the date for making the statement of assets could not be served on the debtor, and a) the address at which service was to be effected matches the address communicated by one of the bodies named in section 755(1) and (2) of the Code of Civil Procedure within three months before or after the attempt at service, or b) the registration authority, after the attempt at service, states that it has no current address of the debtor known to it, or c) the registration authority, within three months before the enforcement order was issued, stated that it had no current address of the debtor known to it; 2. the debtor does not comply with his or her duty to make the statement of assets in the enforcement proceeding underlying the request; 3. full satisfaction of the creditor is not to be expected from an enforcement against the assets listed in the statement of assets; or 4. the address, or the current or future whereabouts, of the debtor is not known despite an inquiry to the registration authority. The bailiff must confirm in the request that these conditions are met. The request and the information must be transmitted electronically.
(3) Where an insolvency court, under section 98(1a) of the Insolvency Code, requests the providers of statutory pension insurance to transmit the surname and first names or the firm, and the address of the current employers, of the person concerned, the providers of statutory pension insurance may, subject to the second to fourth sentences, transmit these data in the individual case, where compulsorily insurable employment relationships of the person concerned exist. Transmission under the first sentence is permissible only where 1. a request for the provision of information under section 97(1) of the Insolvency Code could not be served, and a) the address at which service was to be effected matches the address communicated by one of the bodies named in section 755(1) and (2) of the Code of Civil Procedure within three months before or after the attempt at service, or b) the registration authority, after the attempt at service, states that it has no current address of the debtor known to it, or c) the registration authority, within three months before the request for the provision of information, stated that it had no current address of the debtor known to it; 2. the debtor does not comply with his or her duty to give information under section 97 of the Insolvency Code; or 3. this appears required for other reasons to achieve the purposes of the insolvency proceeding. The providers of statutory pension insurance are not obliged to transmit where the insolvency court can procure the particulars in another way, or where there is reason to assume that the transmission would impair interests of the person concerned worthy of protection; section 4(3) remains unaffected. The insolvency court must confirm in its request that the conditions of the second sentence are met. The request and the information must be transmitted electronically.

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